NANO-Solver Download

IMPORTANT - Read the following License Agreement carefully.

Attention－The following Software License Agreement (“Agreement”) is the document describes the contents of agreement between the customer (“Customer”) and Rigaku Corporation (“Rigaku”) in relation to the software which is described in the User Manual(s) (“Software”). When Customer displays any contents of the Software on the screen of the terminal computer device, Customer is deemed to have agreed to this Agreement and this Agreement comes into effect between Customer and Rigaku.

Software License Agreement

This Software License Agreement (“Agreement”) is the agreement which is made and entered by and between the customer (“Customer”) and Rigaku Corporation (“Rigaku”), in relation to each of the following Rigaku software product which Rigaku provides to Customer (the followings are collectively called as “Rigaku Software Product”).

1. Software: “Software” means the software which is described in the User Manual(s). The Software is provided to Customer by the form of CD (or DVD) (depending on the variety of the Software, the number of CD (or DVD) is different) or being installed in the terminal computer device which Customer purchased from Rigaku. The Software includes its updated version and upgraded version.
2. Document: “Document” means the User Manual(s) and the Installation Manual. The Document is provided to Customer by printed matters, electrical documents or publications described on the website of Rigaku.
3. Program: “Program” means the license-key program for which enables the use of the Software in the terminal computer device in which the Software installed. The Program is provided to Customer by a USB dongle.
4. Recovery Program: (Only in case that the Software is pre-installed in the terminal computer device) “Recovery Program” means the program for restoring the terminal computer device purchased from Rigaku to the condition before shipment. The Recovery Program is provided to Customer by the form of CD (or DVD).

1. License to Use Rigaku Software Product

1. Rigaku grants to Customer the non-exclusive license to use the Rigaku Software Product in accordance with its intended purpose and usage under this Agreement.
2. In case that “Additional License Terms” are attached to the updated and/or upgraded version of the Software, upon Customer’s agreement to the Additional License Terms, Rigaku grants to Customer the non-exclusive license to use such updated and/or upgraded version in accordance with its intended purpose and usage. If there is any conflict between the terms of this Agreement and the Additional License Terms, the Additional License Terms shall prevail.

2. Restrictions on Duplication

Customer shall not duplicate any of the Rigaku Software Product including but not limited to the Document, the Program and the Recovery Program, excluding the Software.

3. Restriction of Modification, Analysis, etc.

Customer shall not modify or alter (including translation and adaptation) the Rigaku Software Product, and shall not reverse-engineer, decompile or disassemble the Software, the Program and the Recovery Program. In case of any breach of the above, Rigaku may elect the followings;

1. Termination of warranty and the Support Service (defined in Article 12) of the Rigaku Software Product, and/or
2. Termination of this Agreement.

4. Restriction of Transfer, Sub-License, etc.

Customer shall not transfer, lend or sub-license the right to use the Rigaku Software Product to any third party, without prior written approval by Rigaku. Even Rigaku approves, Rigaku shall not provide any Support Service to such third party, unless otherwise agreed between Rigaku and such third party.

5. Caution and Indemnification on Security Software

1. The Software is compatible with the following security software, but not with any other.
   1. TrendMicro’s “Virus Buster Corporate Edition version 10.6” or its subsequent version
   2. McAfee’s “Internet Security version 12.8” or its subsequent version
   3. Symantec’s “Norton Internet Security version 22.8” or its subsequent version
2. Please do not use the Software on the computer to which any other security software listed above (“Non Compatible Software”) is installed, since the Non Compatible Software may cause troubles such as described below. Rigaku shall not be liable for any trouble for such misuse.
   1. Deletion of the Software,
   2. Change of the extension (EXE) that disables the start-up of the Software,
   3. Temporary or permanent loss of use of the Software by any other causes.

6. Liability of Customer to its Member etc.

Customer shall make its member and other concerned personnel to comply with the items which Customer shall comply with the provisions of this Agreement and/or the Additional License Terms.

7. Attribution of Copyrights

Any Copyrights included and/or exists in the Rigaku Software Product attributes to Rigaku or the third party who grants license to Rigaku and shall not be transferred to Customer.

8. License Fee

Fee of the license to use the Rigaku Software Product shall be included in the price of the Rigaku Software Product.

9. Site License

In case that Customer desires to obtain additional one or multiple licenses to use the Rigaku Software Product and such additional license corresponds to the conditions of the “Site License” which shall be defined separately by Rigaku, Customer may purchase up to nine (9) numbers of the Site License by special price (“Site License Price”).

10. Risk of Loss

All risks of loss with respect to the Rigaku Software Product shall be passed from Rigaku to Customer at the time for each event as follows;

1. In case that Rigaku or its designee installs the Software: At the time of confirmation of the Software’s performance without any trouble between Customer and Rigaku,
2. In case that Customer or its designee installs the Software: At the time of delivery of the Rigaku Software Product from Rigaku to Customer.

11. Warranty

1. THE WARRANTY STIPULATED ON THIS ARTICLE SHALL BE A SOLE AND EXCLUSIVE WARRANTY PROVIDED BY RIGAKU IN RELATION TO THE RIGAKU SOFTWARE PRODUCT.
2. Unless otherwise agreed in writing, Rigaku warrants that the Software and the Program shall exert performance according to the description on the Document during the period stipulated for each of the cases as follows (each item called as “Warranty Period”);
   1. In case that Rigaku or its designee installs the Software: One (1) year from the date when Customer and Rigaku confirm that the Software performs without any trouble.
   2. In case that Customer or its designee installs the Software: One (1) year from the date of delivery of the Rigaku Software Product from Rigaku to Customer.
   3. In case of repair or replacement under Section 3) of this Article: The expiry date of Warranty Period of above item (1) or (2), or three (3) months from the date of repair or replacement, whichever occurs later.
3. In case that any trouble, breakage or defect etc. occurs to the Rigaku Software Product during Warranty Period, Rigaku shall repair or replace free of charge. Such repair or replacement shall be elected at Rigaku’s sole discretion, and conducted at the Customer’s address registered to Rigaku when Customer purchased the Rigaku Software Product or Rigaku’s facility.
4. In case that any trouble, breakage or defect etc. of the Rigaku Software Product is attributable to one of the followings, Rigaku shall not have any liability of warranty of Section 3) of this Article.
   1. Any modification or alteration to the Software or the Program,
   2. Non-compliance of the usage instruction described on the Document,
   3. Utilization of the Software on the computer to which the Non Compatible Software is installed.
5. Ownership of any replaced materials and/or products shall be transferred to Rigaku free of charge, and Customer shall accept such transfer in advance.

12. Support Service

During the period stipulated for each of the cases as described below, when Customer requests, Rigaku shall provide the “Support Service” (limited only to repair, replacement, maintenance or training of usage) at the price which described in the “Price List” set forth by Rigaku separately. The Support Service shall be conducted at Customer’s address registered to Rigaku when Customer purchased the Rigaku Software Product or Rigaku’s facility.

1. In case that Rigaku or its designee installs the Software: Three (3) years from the date when Customer and Rigaku confirm that the Software performs without any trouble.
2. In case that Customer or its designee installs the Software: Three (3) years from the date of delivery of the Rigaku Software Product from Rigaku to Customer.

13. Liability of Rigaku

1. In case that any damage suffered by Customer on utilization of the Rigaku Software Product is attributable to Rigaku, Rigaku shall compensate for such damages to Customer up to the amount of the Rigaku Software Product price paid by Customer to Rigaku.
2. In case that any third party claims to Customer due to infringement of copyright and/or the same nature of right in relation to the Rigaku Software Product, as long as Customer cooperates Rigaku to resolve such claim, Rigaku shall indemnify, defend and hold harmless Customer and compensate such damages.
3. Customer acknowledges and understands that the updated or upgraded Software may concludes different analytic results before update or upgrade and Rigaku shall not have any liability other than setting back the condition of the Software before update or upgrade.

14. Alternation

Rigaku may change the contents of this Agreement and/or the Additional License Terms with notice to Customer. Unless otherwise disadvantageous for Customer, such change shall take effect on the date after ninety (90) days of such notice to Customer.

15. Term and Termination

1. The term of this Agreement shall commence from the date when Customer agrees to this Agreement (however, regarding the updated and upgraded version, the date when Customer agrees to the Additional License Terms on such version) to the date when Customer ceases to use the Software.
2. If Customer breaches any provision of this Agreement or the Additional License Terms, and such breach is not remedied within a reasonable time stipulated on the Rigaku’s notice of remedy, Rigaku may terminate this Agreement.

16. Dispute Resolution

This Agreement and the Additional License Terms shall be construed and governed by and under the laws of Japan. All disputes which may arise between Customer and Rigaku, out of or in relation to or in connection with this Agreement and the Additional License Terms shall be finally settled by arbitration in Tokyo, in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association.